AJAY SHANKAR SRIVASTAVA versus BAR COUNCIL OF INDIA & ANR

AJAY SHANKAR SRIVASTAVA versus BAR COUNCIL OF INDIA & ANR

The Bar Council of India is justified in seeking identification and removal of persons enrolled as advocates who lack requisite qualifications or possess fake degrees; the letter dated 1 November 2022 did not intend to stop verification but to require that verification include validation of degree certificates; to ensure effective and uniform verification a High Powered Committee is to be constituted by the Court with specified composition and powers to monitor and issue directions; State Bar Councils, Universities and Examination Boards are directed to cooperate and carry out verifications without charging fees, and to report compliance.

Parties
Petitioner: Ajay Shankar Srivastava; Respondent: Bar Council of India; Respondent: Anr.
Jurisdiction
India
Judgment Date
10 April 2023
Procedural Posture
Writ Petition (civil) No. 82 of 2023 / Civil Original Jurisdiction; Judgment Under Article 32 of the Constitution of India
Outcome
Writ petition disposed by issuing directions; Court constituted a High Powered Committee and directed verification measures
Legal Topics
Bar Council of India Certificate and Place of Practice (verification) Rules, 2015, Verification of Educational Degrees and Certificates of Advocates, Enrollment of Advocates, Constitution of High Powered Committee to Monitor Verification
Administrative Law Constitutional Law Regulation of Legal Profession Bar Council of India Certificate and Place of Practice (verification) Rules, 2015 Verification of Educational Degrees and Certificates of Advocates Enrollment of Advocates Constitution of High Powered Committee to Monitor Verification

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Parties

Ajay Shankar Srivastava

Petitioner

Bar Council of India

Respondent

Anr.

Respondent

Procedural Posture

Writ Petition (civil) No. 82 of 2023 / Civil Original Jurisdiction; Judgment Under Article 32 of the Constitution of India

Legal Issues

  1. 1 Validity and effect of the Bar Council of India office order dated 1 November 2022 regarding verification of advocates
  2. 2 Whether verification of certificates of practice should proceed without verifying underlying educational degree certificates
  3. 3 Constitution and powers of a High Powered Committee to monitor verification

Ratio Decidendi

The Bar Council of India is justified in seeking identification and removal of persons enrolled as advocates who lack requisite qualifications or possess fake degrees; the letter dated 1 November 2022 did not intend to stop verification but to require that verification include validation of degree certificates; to ensure effective and uniform verification a High Powered Committee is to be constituted by the Court with specified composition and powers to monitor and issue directions; State Bar Councils, Universities and Examination Boards are directed to cooperate and carry out verifications without charging fees, and to report compliance.

Court Disposition

Writ petition disposed by issuing directions; Court constituted a High Powered Committee and directed verification measures

Orders

  • Constituted a High Powered Committee to monitor verification chaired by a former Judge of the Supreme Court and including two High Court judges, two senior advocates and three members nominated by the Bar Council of India; named members: Mr Justice Deepak Gupta (former Judge of the Supreme Court), Mr Justice Arun...
  • The Committee is empowered to monitor the verification process and issue necessary guidelines and directions; verification shall encompass both educational degree certificates and certificates of enrollment; all State Bar Councils shall comply with Committee directions and report compliance